61It is for the Commission, when it considers that a Member State has failed to fulfil its obligations, to assess whether it is appropriate to act against that State, to ascertain the provisions which it has infringed and to choose when it will open the infringement procedure against it (see, in particular, Case C-33/04 Commission v Luxembourg [2005] ECR I-10629, paragraph 66 and the case-law cited, and the judgment of 7 October 2010 in Case C-154/09 Commission v Portugal, paragraph 51). The subject-matter of an action for failure to fulfil obligations is determined by the Commission’s reasoned opinion (Case C-171/08 Commission v Portugal [2010] ECR I-6817, paragraph 25 and the case-law cited).
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